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Viswanathan Vs. State of Kerala

Viswanathan vs State of Kerala

Type Court Judgment Court Kerala Decided Oct 27, 2010
~1 min read
https://sooperkanoon.com/case/907531

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
B.A. No.6715 of 2010
Subject
Criminal

Case Summary

AI-generated summary - not the official court judgment text.

[N.K. PATIL; H.S.KEMPANNA, JJ.]This MFA is filed U/S 173(1) of MV Act against the Judgment and Award dated: 15/03/2005 passed in MVC No. 4406/2001 on the file of the XI Additional Judge and Member, MACT, Court of Small Causes, Bangalore (SCCH. 12), partly allowing the claim petition for compensation and seeking enha...

Key legal issue
Criminal
Acts & sections
Indian Penal Code (IPC) - Sections 323, 324, 326, 506(ii), 498A

Parties & Advocates

Appellant / Petitioner

Viswanathan

Advocate SRI.P.VIJAYA BHANU, Adv.

Respondent

State of Kerala

Legal References

Acts
Indian Penal Code (IPC) - Sections 323, 324, 326, 506(ii), 498A

Excerpt

[n.k. patil; h.s.kempanna, jj.]this mfa is filed u/s 173(1) of mv act against the judgment and award dated: 15/03/2005 passed in mvc no. 4406/2001 on the file of the xi additional judge and member, mact, court of small causes, bangalore (scch. 12), partly allowing the claim petition for compensation and seeking enhancement of compensation with interest at 18% p.a.o r d e rv. ramkumar, j. ......................................... b.a. no.6715 of 2010 .......................................... dated: 27.10.2010order petitioner, who is the accused in crime no.476/2010 of cheruthuruthy police station for offences punishable under sections 323,324,326,506(ii) and 498a i.p.c., seeks anticipatory bail. 2. the learned public prosecutor opposed the application. 3. anticipatory bail cannot be granted in a case of this nature. but at the same time, i am inclined to permit the petitioner to surrender before the investigating officer for the purpose of interrogation and then to have his application for bail considered by the magistrate having jurisdiction. accordingly, the petitioner shall surrender before the investigating officer on 10.11.2010 or on 11.11.2010 for the purpose of interrogation and recovery of incriminating material, if any. the petitioner shall thereafter be produced before the magistrate who on being satisfied that the petitioner has been interrogated by the police shall consider and dispose of his application for regular bail preferably on the same date on which it is filed. this petition is disposed of as above.

Full Judgment

O R D E R

V. RAMKUMAR, J.

.........................................

B.A. No.6715 of 2010

..........................................

Dated: 27.10.2010

ORDER

Petitioner, who is the accused in Crime No.476/2010 of Cheruthuruthy Police Station for offences punishable under Sections 323,324,326,506(ii) and 498A I.P.C., seeks anticipatory bail.

2. The learned Public Prosecutor opposed the application.

3. Anticipatory bail cannot be granted in a case of this nature. But at the same time, I am inclined to permit the petitioner to surrender before the Investigating Officer for the purpose of interrogation and then to have his application for bail considered by the Magistrate having jurisdiction. Accordingly, the petitioner shall surrender before the investigating officer on 10.11.2010 or on 11.11.2010 for the purpose of interrogation and recovery of incriminating material, if any. The petitioner shall thereafter be produced before the Magistrate who on being satisfied that the petitioner has been interrogated by the police shall consider and dispose of his application for regular bail preferably on the same date on which it is filed.

This petition is disposed of as above.

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